Slavery of relations prohi

bited.

Of the issue of slaves.

Question as to a person's sel

15. Persons who stand reciprocally related within the prohibited degrees cannot be the slaves of each other.

16. Where issue has been begotten between the male slave of one person and the female slave of another, the maxim of partus sequitur ventrem applies, and the former has no legal title to the children so begotten.

17. It is a question how far the sale of a man's own ling himself person is lawful when reduced to extreme necessity. into slavery. It is declared justifiable in the Moheet oo-surukhsee, a work of unexceptionable authority. But while deference is paid to that authority, by admitting the validity of the sale, it is nevertheless universally contended that the contract should be cancelled on the application of the slave, and that he should be compelled by his labour to refund the value of what he had received from his purchaser.

Of servitude.

18. It is admitted however by all authorities that a person may hire himself for any time, even though it amount to servitude for life; but minors so hired may annul the contract on attaining majority.

CHAPTER X.

OF ENDOWMENTS.

an endow.

ment.

1. An endowment signifies the appropriation of pro- Definition of perty to the service of God; when the right of the appropriator becomes divested, and the profits of the property so appropriated are devoted to the benefit of mankind.

to.

2. An endowment is not a fit subject of sale, gift or Rules relativo inheritance; and if the appropriation be made in extremis, it takes effect only to the extent of a third of the property of the appropriator. Undefined property is a fit subject of Endowment.

3. Endowed property may be sold by judicial autho- Sale of—when rity, when the sale may be absolutely necessary to allowable. defray the expence of repairing its edifices or other indispensable purpose, and where the object cannot be attained by farming or other temporary expedient.

person not in

4. In case of the grant of an endowment to an indi- Grant of—to a vidual with reversion to the poor, it is not necessary existence. that the grantees specified shall be in existence at the time. For instance, if the grant be made in the name of the children of A with reversion to the poor, and A should prove to have no children, the grant will nevertheless be valid, and the profits of the endowment will be distributed among the poor.

5. The ruling power cannot remove the superinten- Superintendent of-not dent of an endowment appointed by the appropriator, removable unless on proof of misconduct; nor can the appropria- quamdiu se bene gesserit. tor himself remove such person, unless the liberty of

Of the succession to.

Rules relative

to the management of.

Cases in

which the will

of the founder

may be con

travened.

doing so may have been specially reserved to him at the time of his making the appropriation.

6. Where the appropriator of an endowment may not have made any express provision as to who shall succeed to the office of superintendent on the death of the person nominated by himself, and he may not have left an executor, such superintendent may, on his death bed, appoint his own successor, subject to the confirmation of the ruling power.

7. The specific property endowed cannot be exchanged for other property, unless a stipulation to this effect may have been made by the appropriator, or unless circumstances should render it impracticable to retain possession of the particular property, or unless manifest advantage be deriveable from the exchange; nor should endowed lands be farmed out on terms inferior to their value, nor for a longer period than three years, except when circumstances render such measure absolutely necessary to the preservation of the endowment.

8. The injunctions of the appropriator should be observed except in the following cases: If he stipulate that the superintendent shall not be removed by the ruling authorities, such person is nevertheless removable by them on proof of misconduct. If he stipulate that the appropriated lands shall not be let out to farm for a longer period than one year, and it be difficult to obtain a tenant for so short a period, or, by making a longer lease, it be better calculated to promote the interests of the establishment, the ruling authorities are at liberty to act without the consent of the superintendent. If he stipulate that the excess of the profits be distributed among persons who beg for it in the mosque, it may nevertheless be distributed in other places and

among the necessitous, though not beggars. If he stipulate that daily rations of food be served out to the necessitous, the allowance may nevertheless be made in money. The ruling authorities have power to increase the salaries of the officers attached to the endowment, when they appear deserving of it, and the endowed property may be exchanged, when it may seem advantageous, by order of such authorities; even though the appropriator may have expressly stipulated against an exchange.

9. Where an appropriator appoints two persons joint Case of two superintensuperintendents, it is not competent to either of them dents. to act separately; but where he himself retains a moiety of the superintendence, associating another individual, he (the appropriator) is at liberty to act singly and of his own authority in his self-created capacity of joint superintendent.

10. Where an appropriation has been made by the General rule ruling power, from the funds of the public treasury, for for public and private enpublic purposes, without any specific nomination, the dowments. superintendence should be entrusted to some person most deserving in point of learning; but in private appropriations, with the exceptions above mentioned, the injunctions of the founder should be fulfilled.

CHAPTER XI.

OF DEBTS AND SECURITIES.

Responsibility 1. Heirs are answerable for the debts of their ances tors, as far as there are assets.

of heirs.

Of debts acknowledged on a deathbed.

Case of two

ly contracting a debt.

2. The payment of debts acknowledged on a deathbed must be postponed until after the liquidation of those contracted in health, unless it be notorious that the former were bonâ fide contracted; and a deathbed acknowledgment of a debt in favor of an heir is entirely null and void, unless the other heirs admit that it is due.

3. If two persons jointly contract a debt and one of persons joint them die, the survivor will be held responsible for a moiety only of the debt; unless there was an express stipulation that each should be liable for the whole amount: for the law presumes that each were equal participators in the profits of the loan, and that one should not be responsible for the share of advantage acquired by the other.

And being joint sureties.

In certain

cases partners

4. So also where two persons are joint sureties for the payment of a debt, if one of them die, the survivor will not be considered as surety for the whole debt; unless there was an express stipulation that each should be surety for the whole, and that the one should be surety of the other.

5. It is different where two partners are engaged in are jointly and traffic, contributing the same amount in capital, and beseverally res- ing equal in all respects, in which case the one partner ponsible. is responsible for all acts done and for all debts con